| Ok Hyon Paek v Calvary World Mission Church |
| Motion No: 2007-02611 |
| Slip Opinion No: 2008 NYSlipOp 69425(U) |
| Decided on April 17, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M69113
E/sl
DAVID S. RITTER, J.P.
JOSEPH COVELLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2007-02611 Ok Hyon Paek, respondent-appellant, v Calvary World Mission Church, appellant- respondent. (Index No. 3663/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated January 18, 2007, to strike the reply brief of the respondent-appellant on the ground that it constitutes improper sur-reply or raises additional issues not raised in the main brief on the cross appeal, or for leave to serve and file a sur-reply brief to the reply brief of the respondent-appellant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the reply brief of the respondent-appellant is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is for leave to serve and file a sur-reply brief to the reply brief of the respondent-appellant is denied.
RITTER, J.P., COVELLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court